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(영문) 대전지방법원 2020.09.17 2020노2124
상해
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (unfair imprisonment with prison labor for eight months) is excessively unreasonable.

B. The lower court’s sentencing of the prosecutor (e.g., indubly unfair) is unreasonable as it is too unhued.

2. The judgment below held that the Defendant inflicted bodily injury on the victim who was on board the Defendant’s vehicle, and sponsing tobacco smoke from the victim as a sprinking day. The Defendant committed an act of assaulting the victim from the vehicle, leading the victim to a non-personal location, leading the victim to a non-human location, etc. In light of the fact that the crime of this case was committed more than five weeks, and the victim was seriously injured due to the crime of this case, more than two times that the Defendant was sentenced to criminal punishment for violent crimes, more than two times that the Defendant was sentenced to suspended sentence due to the crime of violation of the Punishment of Violences, etc. Act, and even if he had been sentenced to suspended sentence due to the same crime, it is necessary to hold the Defendant significantly liable for the same crime.

However, the court below's punishment against the defendant is somewhat inappropriate in light of the following factors: (a) the defendant confessions the crime and reflects the fact that the victim is not wanting the punishment against the defendant by mutual consent with the victim; and (b) the defendant's age, career, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc. comprehensively takes into account all the sentencing factors and the similar cases as shown in the arguments of this case, such as the defendant's age, career, character and conduct, circumstances after the crime.

Furthermore, in light of the circumstances and methods of the instant crime, the circumstance unfavorable to the sentencing asserted by the prosecutor, such as not being good in light of the nature and the victim’s serious injury, has already been determined by the lower court and sufficiently taken into account, and considering the aforementioned factors, the lower court’s sentence against the Defendant is too light.

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